(ii) a Provincial mental health facility, a psychiatric unit or a society as
defined by section 1 of the Mental Health Act or a mental health clinic or mental health service
established by regulations under section 43 of that Act,

(e) a board, commission, council or other body of persons, whether or not
incorporated, all the members of which or all the members of the board of management
or board of directors of which are appointed by an Act, an order of the Lieutenant
Governor in Council or a minister of the government,

(f) a corporation more than 50% of the shares or ownership of which is directly or
indirectly vested in the government,

(g) an individual or corporation that receives operating funds from the
government, other than a board or public body referred to in paragraph
(c) or (d),

"outstanding charge" means a charge or an application under a provision
enumerated in Schedule 1 or Schedule 3 for which an information has been sworn or
an application has been made that has not yet resulted in a conviction, acquittal or
order by the court;

"portable criminal record check" means a criminal record check, for an
individual, that meets both of the following requirements:

(a) the authorization for the criminal record check was signed by the individual
within 5 years of the date of a criminal record check verification
authorization;

(b) the criminal record check did not result in a determination that the
individual who authorized the criminal record check presents a risk of physical or
sexual abuse to children or a risk of physical, sexual or financial abuse to
vulnerable adults;

(ii) a Provincial mental health facility, a psychiatric unit or a society as
defined by section 1 of the Mental Health Act or a mental health clinic or mental health service
established by regulations under section 43 of that Act,

(j) a board, commission, council or other body of persons, whether or not
incorporated, all the members of which or all the members of the board of management
or board of directors of which are appointed by an Act, an order of the Lieutenant
Governor in Council or a minister of the government;

(k) a corporation more than 50% of the shares or ownership of which is directly or
indirectly vested in the government;

(l) an individual or corporation that receives operating funds from the
government, other than a board or public body referred to in paragraph
(e) or (i);

(p) a registered member who uses one or more volunteers to assist the registered
member in carrying on his or her occupation;

(q) any other prescribed persons or entities or prescribed classes of persons or
entities;

"volunteer" means an individual who

(a) voluntarily provides services to a registered specified organization,
and

(b) receives no monetary compensation in relation to the services or the time
spent providing the services;

"vulnerable adult" means an individual 19 years or older who receives
health services, other than acute care, from a hospital, facility, unit, society,
service, holder or registrant referred to in paragraph (d), (h.1),
(i)
or (i.1) of the definition of "employer";

"work with children" means working with children directly or having or
potentially having unsupervised access to children

(a) in the ordinary course of employment,

(b) in the practice of an occupation,

(c) during the course of an education program, or

(d) while providing services as a volunteer;

"work with vulnerable adults" means working with vulnerable adults
directly or having or potentially having unsupervised access to vulnerable
adults

(a) in the ordinary course of employment,

(b) in the practice of an occupation,

(c) during the course of an education program, or

(d) while providing services as a volunteer.

Purpose

2(1) The purposes of this Act are to help prevent

(a) the physical and sexual abuse of children, and

(b) the physical, sexual and financial abuse of vulnerable adults

by requiring individuals to whom this Act applies to undergo criminal record
checks.

(2) Nothing in this Act is to be interpreted so as to diminish any other
requirements that may be imposed under an agreement or any other law on those who work
with children or work with vulnerable adults.

Equivalent standards

3The registrar may exempt an individual, person or entity from all or any provision
of this Act if the registrar is satisfied that the individual, person or entity is subject
to a criminal record check process that meets or exceeds the requirements of this
Act.

Part 2 — Criminal Record Check and Reconsideration

Criminal record check

4(1) When the registrar receives a criminal record check authorization and the
prescribed fee, if any, the registrar must carry out a criminal record check on the
individual who authorized the criminal record check.

(2) If the registrar determines that the individual who is the subject of the
criminal record check has an outstanding charge relating to a relevant offence or
specified offence or has been convicted of a relevant offence or specified offence, the
registrar must

(a) refer the matter to the deputy registrar to determine whether the conviction
or outstanding charge indicates that the individual presents a risk of physical or
sexual abuse to children or a risk of physical, sexual or financial abuse to
vulnerable adults, and

(b) provide to the individual who authorized the criminal record check and the
following persons and entities notification that the individual has an outstanding
charge relating to a relevant offence or specified offence or that the individual has
been convicted of a relevant offence or specified offence and that the matter has been
referred to the deputy registrar:

(i) the employer, if the individual is an employee or applicant for
employment;

(ii) the governing body, if the individual is a registered member or an applicant
for registration;

(iii) the administrator, if the individual is a child care provider or an
applicant as defined in Part 5;

(iv) the education institution, if the individual is a registered
student;

(v) the director of certification, if the individual is an individual referred
to in section 17.5 (1);

(vi) the registered specified organization, if the individual is a volunteer or
an applicant for volunteering.

(3) In making a determination under subsection (2) (a), the deputy
registrar must consider the following:

(a) whether the behaviour associated with

(i) the relevant offence would, if repeated, pose a threat of physical or sexual
abuse to children, or

(ii) the specified offence would, if repeated, pose a threat of physical, sexual
or financial abuse to vulnerable adults;

(b) the circumstances of the offence including the age of the individual at the
time of the offence and the existence of any extenuating circumstances;

(c) any other factors that the deputy registrar considers relevant including,
without restriction, the time elapsed since the occurrence of the offence or alleged
offence, subsequent actions of the individual, the likelihood of the individual
repeating a similar kind of behaviour and any attempts at rehabilitation.

(4) The deputy registrar must promptly provide notification

(a) to the individual who authorized the criminal record check, and

(b) to the persons or entities that were provided with a notification under
subsection
(2) (b) of a determination under subsection (2) (a)

that the individual does not present a risk of physical or sexual abuse to
children or a risk of physical, sexual or financial abuse to vulnerable
adults.

(4.1) The deputy registrar must promptly provide notification

(a) to the individual who authorized the criminal record check, and

(b) to the persons or entities that were provided with a notification under
subsection
(2) (b) of a determination under subsection (2) (a)

that the individual presents a risk of physical or sexual abuse to children or a
risk of physical, sexual or financial abuse to vulnerable adults.

(4.2) In addition to providing the notification under subsection (4.1), the deputy
registrar must,

(a) determine if another person or entity, within 5 years of the date of the
criminal record check authorization,

(i) was identified in a criminal record check authorization or a criminal record
check verification authorization in respect of the individual who is the subject of
the determination under subsection (2) (a), or

(ii) received a notification from the registrar or deputy registrar under this
Part or Part 2.1 in respect of the individual who is the subject of the
determination under subsection (2) (a),

(b) if there is a person or entity described in paragraph (a), take reasonable
steps to determine if the individual continues to work with children or work with
vulnerable adults for the person or entity, and

(c) if the deputy registrar determines that the individual continues to work with
children or work with vulnerable adults for the person or entity, provide notification
to that person or entity that the individual presents a risk of physical or sexual
abuse to children or a risk of physical, sexual or financial abuse to vulnerable
adults.

(5) The deputy registrar must provide written reasons for the determination under
subsection
(2) (a) to the individual who is the subject of the determination, if the
individual so requests, and to any of the following persons or entities, if the person
or entity so requests:

(a) the employer, if the individual is an employee or applicant for
employment;

(b) the governing body, if the individual is a registered member or an applicant
for registration;

(c) the administrator, if the individual is a child care provider or an applicant
as defined in Part 5;

(d) the education institution, if the individual is a registered
student;

(e) the director of certification, if the individual is an individual referred to
in section
17.5 (1).

Completion of criminal record check

4.1(1) If, when carrying out a criminal record check under section 4 and after the
registrar has made a determination under section 4 (2) that the
individual who is the subject of the criminal record check has an outstanding charge
relating to a relevant offence or specified offence or has been convicted of a relevant
offence or specified offence,

(a) the registrar is requested not to proceed with the criminal record check,
or

(b) the registered specified organization identified in the criminal record check
authorization deregisters under section 24.2,

the registrar must refer the matter to the deputy registrar, if the registrar
has not already referred the matter to the deputy registrar, and the deputy registrar
must take the actions set out in this section.

(2) The deputy registrar must do the following if subsection (1)
applies:

(a) determine if another person or entity, within 5 years of the date of the
criminal record check authorization,

(i) was identified in a criminal record check authorization or a criminal record
check verification authorization in respect of the individual, or

(ii) received a notification from the registrar or deputy registrar under this
Part or Part 2.1 in respect of the individual;

(b) if there is a person or entity described in paragraph (a), take reasonable
steps to determine if the individual continues to work with children or work with
vulnerable adults for the person or entity;

(c) if the deputy registrar determines that the individual continues to work with
children or work with vulnerable adults for the person or entity, determine whether
the conviction or outstanding charge indicates that the individual presents a risk of
physical or sexual abuse to children or a risk of physical, sexual or financial abuse
to vulnerable adults.

(3) In making a determination under subsection (2) (c) of this section, the deputy
registrar must consider the factors set out in section 4 (3).

(4) If the deputy registrar makes a determination under subsection (2)
(c) that the individual presents a risk of physical or sexual abuse to
children or a risk of physical, sexual or financial abuse to vulnerable adults, the
deputy registrar must promptly provide notification of the determination

(a) to the individual who is the subject of the determination, and

(b) to the persons and entities described in subsection (2) (a).

Reconsideration

5(1) The individual who is the subject of a criminal record check may request a
reconsideration of the determination of the deputy registrar under section 4 or 4.1 by
serving the registrar with written notice within 30 days after the day on which the
deputy registrar notifies the individual of the determination.

(2) When the registrar receives a notice within the time limit for requesting a
reconsideration under subsection (1), the registrar must review the deputy
registrar's determination and any records on which it was based and may, but need not,
do one or both of the following in conducting the review:

(a) request additional information from the person requesting the
reconsideration;

(b) convene a hearing.

(3) For the purposes of a hearing referred to in subsection (2) (b), the
registrar, by summons, may require a person

(a) to attend as a witness, at a place and time mentioned in the summons, which
time must be a reasonable time from the date of the summons, and

(b) to bring and produce before the registrar all documents, writings, books,
deeds and papers in the person's possession, custody or power touching or in any way
relating to the subject matter of the review.

(4) A person named in and served with a summons referred to in subsection
(3) must attend before the registrar and answer on oath, unless the
registrar directs otherwise, all questions touching the subject matter of the inquiry,
and produce all documents, writings, books, deeds and papers in accordance with the
summons.

(5) When the registrar exercises a power under subsection (3), a person who
fails or refuses to comply with subsection (4) is liable, on application to the
Supreme Court, to be committed for contempt as if in breach of an order or judgment of
the Supreme Court.

(6) After conducting a review under subsection (2), the registrar
must

(a) confirm the determination of the deputy registrar, or

(b) overturn the determination of the deputy registrar and direct that the
individual does not present a risk of physical or sexual abuse to children or does not
pose a threat of physical, sexual or financial abuse to vulnerable adults.

(7) The registrar must promptly provide notification of a decision under subsection
(6) (a) or (b) to the individual who is the subject of the decision and to the persons
or entities that were provided with a notification under section 4 (4.1) or (4.2) or 4.1
(4), as applicable.

(8) The registrar must provide written reasons for the decision under subsection (6)
(a) or (b) to the individual who is the subject of the decision, if the
individual so requests, and to any of the following persons or entities, if the person
or entity so requests:

(a) the employer, if the individual is an employee or applicant for
employment;

(b) the governing body, if the individual is a registered member or an applicant
for registration;

(c) the administrator, if the individual is a child care provider or an applicant
as defined in Part 5;

(d) the education institution, if the individual is a registered
student;

(e) the director of certification, if the individual is an individual referred to
in section
17.5 (1).

Use of information

6(1) The following persons must provide any records that the registrar or deputy
registrar may, by order, require for the purpose of making a determination under this
Part with respect to an individual:

(a) the employer, if the individual is an employee or an applicant for
employment;

(b) the governing body, if the individual is a registered member or an applicant
for registration;

(c) the administrator, if the individual is a child care provider or an applicant
as defined in Part 5;

(d) the education institution, if the individual is a registered student or an
applicant for registration;

(e) the director of certification, if the individual is an individual referred to
in section
17.5 (1);

(f) the commissioner of the provincial police force and a chief constable as
defined in section 1 of the Police Act;

(g) the registered specified organization, if the individual is a volunteer or an
applicant for volunteering.

(2) If the registrar, the deputy registrar or any other person is required to
disclose any of the following information to an employer, governing body or other person
under this Act, that information must be disclosed only in accordance with the
provisions of the Youth Criminal Justice Act (Canada):

Criminal record check verification

6.1(1) When the registrar receives a criminal record check verification authorization
and the prescribed fee, if any, the registrar must carry out a criminal record check
verification to determine if the individual who authorized the criminal record check
verification has a portable criminal record check.

(2) If the registrar determines that the individual has a portable criminal record
check, the registrar must promptly provide notification to the persons and entities
identified in the criminal record check verification authorization that the individual
has a portable criminal record check.

(3) If the registrar determines that the individual does not have a portable
criminal record check because the individual has never undergone a criminal record check
or the individual underwent a criminal record check more than 5 years before the date of
the criminal record check verification authorization, the registrar must promptly
provide notification to the individual that the individual does not have a portable
criminal record check.

(4) If the registrar determines that the individual does not have a portable
criminal record check because a criminal record check in respect of the same individual
carried out within 5 years of the date of the criminal record check verification
authorization resulted in a determination that the individual presents a risk of
physical or sexual abuse to children or a risk of physical, sexual or financial abuse to
vulnerable adults, the registrar must promptly provide notification to the individual
and to the persons and entities identified in the criminal record check verification
authorization that

(a) the individual does not have a portable criminal record check, and

(b) a criminal record check in respect of the individual carried out
within 5 years of the criminal record check verification authorization resulted in a
determination that the individual presents a risk of physical or sexual abuse to
children or a risk of physical, sexual or financial abuse to vulnerable
adults.

Part 3 — Employers and Employees

Application of Part 3

7(1) [Repealed 2013-8-8.]

(2) This Part applies to employers and employees other than

(a) an employee who is subject to a criminal record check

(i) under Part 4 as a registered member,

(i.1) under Part 4.1 as a registered student, or

(ii) under Part 4.2 as an individual who applies for or holds
a certificate of qualification or an independent school teaching certificate issued
under the Teachers Act,

(b) subject to subsection (3), a post secondary institution or an employee of a post secondary institution, or

(c) a municipality or an employee of a municipality.

(3) This Part applies to child care facilities operated by a post secondary
institution and to the employees of the post secondary institution who work at those
child care facilities.

General duty of employers

8(1) Subject to subsection (1.1), an employer must ensure that every
individual who is hired for employment involving work with children or work with
vulnerable adults and every employee who works with children or works with vulnerable
adults undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) An employer may require an applicant for employment or an employee to undergo a
criminal record check even if the applicant or employee could undergo a criminal record
check verification.

(2) Despite subsection (1), an employer must not require an applicant for employment
to authorize a criminal record check or criminal record check verification unless the
employer has offered employment to the applicant.

(3) The employer must inform individuals of the requirements of this Act if those
individuals are employed by or are applicants for employment with the employer in a job
that involves working with children or working with vulnerable adults.

Applicants for employment

9(1) When an individual is offered employment that involves working with children or
working with vulnerable adults, the individual must provide to the employer a criminal
record check authorization or a criminal record check verification authorization, as
applicable.

(2) An employer must not employ an applicant in a job that involves working with
children or working with vulnerable adults unless the applicant has complied with
subsection
(1).

Existing employees

10(1) An employee who works with children or works with vulnerable adults
must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her employer a criminal record check authorization or a
criminal record check verification authorization, as applicable, at least once every 5
years after the date on which the employee provided to his or her employer the
employee's last criminal record check authorization or criminal record check
verification authorization.

(2) If an employee does not provide a criminal record check authorization or a
criminal record check verification authorization as required by subsection (1) or
section 12,

(a) the employee must not work with children or work with vulnerable adults until
the employee has provided the criminal record check authorization or criminal record
check verification authorization, as applicable, and

(b) the employer of the employee must ensure that the employee does not work with
children or work with vulnerable adults until the employee has provided a criminal
record check authorization or criminal record check verification authorization, as
applicable.

No portable criminal record check

10.1If the registrar determines, in a criminal record check verification under
Part
2.1, that an individual does not have a portable criminal record check
because the individual has never undergone a criminal record check or the individual
underwent a criminal record check more than 5 years before the date of the criminal record
check verification authorization,

(a) if the individual is an applicant for employment, the employer must ensure that
the individual is not hired for a job that involves working with children or working
with vulnerable adults until the individual provides a criminal record check
authorization, or

(b) if the individual is an employee, the employer must ensure that the individual
does not work with children or work with vulnerable adults until the individual provides
a criminal record check authorization.

Effect of finding of risk — working with children

11(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or conviction indicates that the individual presents a risk of
physical or sexual abuse to children and unless that determination is overturned by the
registrar under section 5,

(a) if the individual is an applicant for employment, the employer must ensure
that the individual is not hired for a job that involves working with children,
or

(b) if the individual is an employee, the employer must ensure that the employee
does not work with children.

(2) If the registrar determines, in a criminal record check verification under
Part 2.1, that an individual does not have a portable criminal record check because a
criminal record check in respect of the same individual carried out within 5 years of
the date of the criminal record check verification authorization resulted in a
determination that the individual presents a risk of physical or sexual abuse to
children,

(a) if the individual is an applicant for employment, the employer must ensure
that the individual is not hired for a job that involves working with children,
or

(b) if the individual is an employee, the employer must ensure that the individual
does not work with children.

Effect of finding of risk — working with vulnerable
adults

11.1(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or conviction indicates that the individual presents a risk of
physical, sexual or financial abuse to vulnerable adults and unless that determination
is overturned by the registrar under section 5,

(a) if the individual is an applicant for employment, the employer must ensure
that the individual is not hired for a job that involves working with vulnerable
adults, or

(b) if the individual is an employee, the employer must ensure that the employee
does not work with vulnerable adults.

(2) If the registrar determines, in a criminal record check verification under
Part 2.1, that an individual does not have a portable criminal record check because a
criminal record check in respect of the same individual carried out within 5 years of
the date of the criminal record check verification authorization resulted in a
determination that the individual presents a risk of physical, sexual or financial abuse
to vulnerable adults,

(a) if the individual is an applicant for employment, the employer must ensure
that the individual is not hired for a job that involves working with vulnerable
adults, or

(b) if the individual is an employee, the employer must ensure that the individual
does not work with vulnerable adults.

New convictions or outstanding charges

12(1) If an employee who works with children or works with vulnerable adults is
charged with or convicted of a relevant offence or specified offence subsequent to a
criminal record check or criminal record check verification, the employee must promptly
report the charge or conviction to the employee's employer and provide to the employer a
criminal record check authorization for a further criminal record check.

(2) When an employer becomes aware that

(a) an employee who works with children has an outstanding charge for, or has been
convicted of, a relevant offence, or

(b) an employee who works with vulnerable adults has an outstanding charge for, or
has been convicted of, a specified offence,

the employer must require the employee to provide a criminal record check
authorization for a further criminal record check.

(3) If an employee is also a registered member, the employer must take reasonable
steps to notify the registered member's governing body that the employer is taking
action under subsection (2).

Part 4 — Registered Members

General duty of governing body

13(1) Subject to subsection (1.1), a governing body must ensure that
every member of the governing body who is registered and every individual who applies
for registration undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) A governing body may require an applicant for registration or a registered
member to undergo a criminal record check even if the applicant or registered member
could undergo a criminal record check verification.

(2) The governing body must inform individuals of the requirements of this Act if
those individuals are registered members or are applicants for registration as a member
of the governing body.

Applicants for registration

14(1) Before an individual is registered as a member of a governing body, the
individual must provide to the governing body a criminal record check authorization or a
criminal record check verification authorization, as applicable.

(2) A governing body must not register an applicant unless the applicant has
complied with subsection (1).

Existing registered members

15(1) A registered member must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her governing body a criminal record check authorization or
a criminal record check verification authorization, as applicable, at least once every
5 years after the date on which the registered member provided to his or her governing
body the registered member's last criminal record check authorization or criminal
record check verification authorization.

(2) If a registered member does not provide the criminal record check authorization
or criminal record check verification authorization as required by subsection (1) or
section 17,

(a) the registered member must not work with children or work with vulnerable
adults until the registered member has provided the criminal record check
authorization or criminal record check verification authorization, as applicable,
and

(b) the governing body must investigate or review the registration of the
registered member and take appropriate action under the Act that governs the governing
body.

(3) If a registered member carries on his or her occupation as an employee, the
governing body must take reasonable steps to notify the registered member's employer
that it is taking action under subsection (2) (b).

No portable criminal record check

15.1If the registrar determines, in a criminal record check verification under
Part
2.1, that an individual does not have a portable criminal record check
because the individual has never undergone a criminal record check or the individual
underwent a criminal record check more than 5 years before the date of the criminal record
check verification authorization,

(a) if the individual is an applicant for registration, the governing body must
ensure that the individual is not registered until the individual provides a criminal
record check authorization, or

(b) if the individual is a registered member, the individual must not work with
children or work with vulnerable adults until the individual provides a criminal record
check authorization.

Effect of finding of risk

16(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or conviction indicates that the individual presents a risk of
physical or sexual abuse to children or a risk of physical, sexual or financial abuse to
vulnerable adults and unless that determination is overturned by the registrar under
section 5, the governing body must investigate or review the individual's registration
or application for registration and take appropriate action under the Act that governs
the governing body.

(1.1) If the registrar determines, in a criminal record check verification under
Part 2.1, that an individual does not have a portable criminal record check because a
criminal record check in respect of the same individual carried out within 5 years of
the date of the criminal record check verification authorization resulted in a
determination that the individual presents a risk of physical or sexual abuse to
children or a risk of physical, sexual or financial abuse to vulnerable adults, the
governing body must investigate or review the individual's registration or application
for registration and take appropriate action under the Act that governs the governing
body.

(2) If a registered member carries on his or her occupation as an employee, the
governing body must take reasonable steps to notify the registered member's employer
that the governing body is taking action under subsection (1) or (1.1) and
that the action is with respect to a risk to children or to vulnerable adults, whichever
is applicable.

(3) An employer who is notified under subsection (2) must ensure that
the employee does not

(a) work with children, if the notification indicates that an action is being
taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is
being taken with respect to a risk to vulnerable adults.

New convictions or outstanding charges

17(1) If a registered member is charged with or convicted of a relevant offence or a
specified offence subsequent to a criminal record check or criminal record check
verification, the registered member must promptly report the charge or conviction to the
member's governing body and provide to the governing body a criminal record check
authorization for a further criminal record check.

(2) When a governing body becomes aware that a registered member has an outstanding
charge for, or has been convicted of, a relevant offence or a specified offence, the
governing body must require the registered member to provide a criminal record check
authorization for a further criminal record check.

(3) If a registered member carries on his or her occupation as an employee, the
governing body must take reasonable steps to notify the registered member's employer
that the governing body is taking action under subsection (2) and that the
action is with respect to a risk to children or to vulnerable adults, whichever is
applicable.

(4) An employer who is notified under subsection (3) must ensure that
the employee does not

(a) work with children, if the notification indicates that an action is being
taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is
being taken with respect to a risk to vulnerable adults

until the employee has provided a criminal record check authorization for a
further criminal record check under subsection (1) or (2).

Part 4.1 — Registered Students

General duty of education institutions

17.1(1) Subject to subsection (1.1), an education institution must ensure
that every registered student who will work with children or work with vulnerable adults
undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) An education institution may require a registered student to undergo a criminal
record check even if the registered student could undergo a criminal record check
verification.

(2) An education institution must inform registered students of the requirements of
this Act.

Registered students

17.2(1) Before working with children or working with vulnerable adults, a registered
student must provide to his or her education institution a criminal record check
authorization or a criminal record check verification authorization, as
applicable.

(2) A registered student must not work with children or work with vulnerable adults
unless the registered student has complied with subsection (1).

No portable criminal record check

17.21If the registrar determines, in a criminal record check verification under
Part
2.1, that a registered student does not have a portable criminal record check
because the registered student has never undergone a criminal record check or the
registered student underwent a criminal record check more than 5 years before the date of
the criminal record check verification authorization, the education institution must
ensure the registered student does not work with children or work with vulnerable adults
as a registered student until the registered student provides a criminal record check
authorization.

Effect of finding of risk — working with children

17.3(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or a conviction indicates that a registered student presents a
risk of physical or sexual abuse to children and unless that determination is overturned
by the registrar under section 5, the education institution must ensure that the
registered student does not work with children as a registered student.

(2) If the registrar determines, in a criminal record check verification under
Part 2.1, that a registered student does not have a portable criminal record check
because a criminal record check in respect of the same individual carried out within 5
years of the date of the criminal record check verification authorization resulted in a
determination that the registered student presents a risk of physical or sexual abuse to
children, the education institution must ensure that the registered student does not
work with children as a registered student.

Effect of finding of risk — working with vulnerable
adults

17.31(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or a conviction indicates that a registered student presents a
risk of physical, sexual or financial abuse to vulnerable adults and unless that
determination is overturned by the registrar under section 5, the education institution
must ensure that the registered student does not work with vulnerable adults as a
registered student.

(2) If the registrar determines, in a criminal record check verification under
Part 2.1, that a registered student does not have a portable criminal record check
because a criminal record check in respect of the same individual carried out within 5
years of the date of the criminal record check verification authorization resulted in a
determination that the registered student presents a risk of physical, sexual or
financial abuse to vulnerable adults, the education institution must ensure that the
registered student does not work with vulnerable adults as a registered
student.

New convictions or outstanding charges

17.4(1) If a registered student who works with children or works with vulnerable adults
is charged with or convicted of a relevant offence or specified offence subsequent to a
criminal record check or criminal record check verification, the registered student must
promptly report the charge or conviction to the education institution and provide to the
education institution a criminal record check authorization for a further criminal
record check.

(2) When an education institution becomes aware that a registered student who works
with children or works with vulnerable adults has an outstanding charge for, or has been
convicted of, a relevant offence or specified offence, the education institution must
require the registered student to provide a criminal record check authorization for a
further criminal record check.

Part 4.2 — Director of Certification

Definitions

17.41In this Part:

"certificate" means a certificate of qualification or an independent
school teaching certificate issued under section 30 of the Teachers Act;

"certificate holder" means an individual who holds a
certificate;

"letter of permission" means a letter of permission issued under
section 35 of the Teachers Act.

General duty of director of certification

17.5(1) Subject to subsection (1.1), the director of certification must
ensure that every individual who applies for a certificate, every certificate holder and
every individual who applies for a letter of permission undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) The director of certification may require an individual described in subsection
(1) to undergo a criminal record check even if the individual could undergo
a criminal record check verification.

(2) The director of certification must inform individuals referred to in subsection
(1) of the requirements of this Act.

Applicants for certificates and letters of permission

17.6(1) Before a certificate or a letter of permission is issued, an applicant must
provide to the director of certification a criminal record check authorization or a
criminal record check verification authorization, as applicable.

(2) If an applicant does not comply with subsection (1), the director of
certification must not issue to the applicant a certificate or a letter of permission,
as applicable.

Existing certificate holders

17.7(1) A certificate holder must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to the director of certification a criminal record check authorization
or a criminal record check verification authorization, as applicable, at least once
every 5 years after the date on which the certificate holder provided to the director
of certification the certificate holder's last criminal record check authorization or
criminal record check verification authorization.

(2) If a certificate holder does not provide a criminal record check authorization
or a criminal record check verification authorization as required by subsection (1) or
section
17.9, the director of certification must take appropriate action under the
Teachers Act.

No portable criminal record check

17.71If the registrar determines, in a criminal record check verification under
Part
2.1, that an applicant for a certificate, a certificate holder or an
applicant for a letter of permission does not have a portable criminal record check
because the applicant for a certificate, the certificate holder or the applicant for a
letter of permission has never undergone a criminal record check or the applicant for a
certificate, the certificate holder or the applicant for a letter of permission underwent
a criminal record check more than 5 years before the date of the criminal record check
verification authorization, the director of certification must take appropriate action
under the Teachers Act.

Effect of finding risk

17.8(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or conviction indicates that an applicant for a certificate, a
certificate holder or an applicant for a letter of permission presents a risk of
physical or sexual abuse to children or a risk of physical, sexual or financial abuse to
vulnerable adults and unless that determination is overturned by the registrar under
section 5, the director of certification must take appropriate action under the
Teachers Act.

(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for
a letter of permission does not have a portable criminal record check because a criminal
record check in respect of the same individual carried out within 5 years of the date of
the criminal record check verification authorization resulted in a determination that
the applicant for a certificate, the certificate holder or the applicant for a letter of
permission presents a risk of physical or sexual abuse to children or a risk of
physical, sexual or financial abuse to vulnerable adults, the director of certification
must take appropriate action under the Teachers Act.

New convictions or outstanding charges

17.9(1) If a certificate holder is charged with or convicted of a relevant offence or
specified offence subsequent to a criminal record check or criminal record check
verification, the certificate holder must promptly report the charge or conviction to
the director of certification and provide to the director of certification a criminal
record check authorization for a further criminal record check.

(2) When the director of certification becomes aware that a certificate holder has
an outstanding charge for, or has been convicted of, a relevant offence or specified
offence, the director of certification must require the person to provide a criminal
record check authorization for a further criminal record check.

Part 5 — Unlicensed Family Child Care Providers

Definitions

18In this Part:

"applicant" means an individual who operates or who intends to operate
an unlicensed family child care facility and requests registration for the facility
under a prescribed program;

"child care provider" means an individual who operates an unlicensed
family child care facility and who is registered under a prescribed program;

"unlicensed family child care facility" means a facility that offers
child care to one or 2 children not related by blood or marriage to the operator of the
facility.

General duty of administrator

19(1) Subject to subsection (1.1), the administrator must ensure that
every applicant and every child care provider undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(1.1) The administrator may require an applicant or a child care provider to undergo a
criminal record check even if the applicant or child care provider could undergo a
criminal record check verification.

(2) The administrator must inform an individual of the requirements of this Act if
that individual is a child care provider or requests registration as a child care
provider.

Applicants for registration

20(1) When an individual applies for registration under a prescribed program, the
individual must provide to the administrator a criminal record check authorization or a
criminal record check verification authorization, as applicable.

(2) The administrator must not register an applicant who has not complied with
subsection (1) and section 24.

Existing child care providers

21(1) A child care provider must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to the administrator a criminal record check authorization or a
criminal record check verification authorization, as applicable, at least once every 5
years after the date on which the child care provider provided to the administrator
the child care provider's last criminal record check authorization or criminal record
check verification authorization.

(2) If a child care provider does not provide the criminal record check
authorization or criminal record check verification authorization as required by
subsection (1) or section 23,

(a) the child care provider must not work with children until the child care
provider has provided the criminal record check authorization or criminal record check
verification authorization, as applicable, and

(b) the administrator must revoke the registration of a child care provider who
has not provided the criminal record check authorization or criminal record check
verification authorization, as applicable.

No portable criminal record check

21.1If the registrar determines, in a criminal record check verification under
Part
2.1, that an individual does not have a portable criminal record check
because the individual has never undergone a criminal record check or the individual
underwent a criminal record check more than 5 years before the date of the criminal record
check verification authorization,

(a) if the individual is an applicant, the administrator must not register the
individual until the individual provides a criminal record check authorization,
or

(b) if the individual is a child care provider, the individual must not work with
children until the individual provides a criminal record check authorization.

Effect of finding of risk

22(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or conviction indicates that the individual presents a risk of
physical or sexual abuse to children and unless that determination is overturned by the
registrar under section 5,

(a) if the individual is an applicant, the administrator must not register the
individual, or

(b) if the individual is a child care provider, the administrator must revoke the
registration of the individual under the prescribed program.

(1.1) If the registrar determines, in a criminal record check verification under
Part 2.1, that an individual does not have a portable criminal record check because a
criminal record check in respect of the same individual carried out within 5 years of
the date of the criminal record check verification authorization resulted in a
determination that the individual presents a risk of physical or sexual abuse to
children,

(a) if the individual is an applicant, the administrator must not register the
individual, or

(b) if the individual is a child care provider, the administrator must revoke the
registration of the individual under the prescribed program.

(2) The administrator must inform the police force, police department or designated
policing unit, as defined in section 1 of the Police Act, that is responsible for policing the area in which the
facility is located, if the administrator believes that an individual who was determined
to present a risk of physical or sexual abuse to children is continuing to operate a
child care facility.

New convictions or outstanding charges

23(1) If a child care provider is charged with or convicted of a relevant offence
subsequent to a criminal record check or criminal record check verification, the child
care provider must promptly report the charge or conviction to the administrator and
provide to the administrator a criminal record check authorization for a further
criminal record check.

(2) When the administrator becomes aware that a child care provider has an
outstanding charge for, or has been convicted of, a relevant offence, the administrator
must require the child care provider to provide a criminal record check authorization
for a further criminal record check.

Other persons at facility

24A child care provider must not permit an individual who is over the age of 12,
other than a parent of a child enrolled at the facility, to be ordinarily present on the
premises where the unlicensed family child care facility is located, during the time that
children enrolled in the facility are present, unless the child care provider has obtained
a criminal record check authorization or a criminal record check verification
authorization, as applicable, for that individual and provided it to the
administrator.

Part 5.1 — Specified Organizations and Volunteers

Registration of specified organizations

24.1(1) A specified organization may apply to the registrar, in the form and manner
required by the registrar, to be a registered specified organization under this
Act.

(2) If the registrar registers a specified organization that applies under subsection
(1), the registrar must notify the specified organization that, from the
date of notification, it is a registered specified organization for the purposes of this
Act.

Deregistration of specified organizations

24.2(1) A registered specified organization may notify the registrar, in the form and
manner required by the registrar, that it wants to be deregistered.

(2) A specified organization ceases to be a registered specified organization for
the purposes of this Act on the date the registrar receives notification under subsection
(1).

General duty of registered specified organizations

24.3(1) Subject to subsection (2), a registered specified organization
must ensure that every individual who will work with children or work with vulnerable
adults as a volunteer with the registered specified organization and every volunteer who
works with children or works with vulnerable adults with the registered specified
organization undergoes

(a) a criminal record check, or

(b) a criminal record check verification.

(2) A registered specified organization may require an applicant for volunteering or
a volunteer with the registered specified organization to undergo a criminal record
check even if the applicant or volunteer could undergo a criminal record check
verification.

(3) Despite subsection (1), a registered specified organization must not require an
applicant for volunteering with the registered specified organization to authorize a
criminal record check or a criminal record check verification, as applicable, unless the
applicant will be working with children or working with vulnerable adults as a volunteer
with the registered specified organization.

(4) The registered specified organization must inform applicants for volunteering
and volunteers of the requirements of this Act.

Applicants for volunteering

24.4(1) Before working with children or working with vulnerable adults as a volunteer
with a registered specified organization, an individual must provide to the registered
specified organization a criminal record check authorization or a criminal record check
verification authorization, as applicable.

(2) A registered specified organization must ensure that an individual does not work
with children or work with vulnerable adults as a volunteer with the registered
specified organization unless the individual has complied with subsection
(1).

Existing volunteers

24.5(1) A volunteer with a specified organization who works with children or works with
vulnerable adults at the time the specified organization is registered under section 24.1
must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her registered specified organization a criminal record
check authorization or a criminal record check verification authorization, as
applicable,

(i) within 1 year of the date of notification, under section 24.1
(2), that the specified organization is a registered specified
organization, and

(ii) at least once every 5 years after the date on which authorization is
provided in compliance with subparagraph (i).

(2) A volunteer with a registered specified organization who works with children or
works with vulnerable adults must

(a) undergo a criminal record check at least once every 5 years, and

(b) provide to his or her registered specified organization a criminal record
check authorization or a criminal record check verification authorization, as
applicable, at least once every 5 years after the date on which the volunteer provided
to his or her registered specified organization the volunteer's last criminal record
check authorization or criminal record check verification authorization.

(3) If a volunteer does not provide a criminal record check authorization or a
criminal record check verification authorization as required by subsection (1) or (2) or
section
24.9,

(a) the volunteer must not work with children or work with vulnerable adults as a
volunteer with the registered specified organization until the volunteer has provided
the criminal record check authorization or the criminal record check verification
authorization, and

(b) the registered specified organization must ensure that the volunteer does not
work with children or work with vulnerable adults as a volunteer with the registered
specified organization until the volunteer has provided the criminal record check
authorization or the criminal record check verification authorization.

No portable criminal record check

24.6If the registrar determines, in a criminal record check verification under
Part
2.1, that an applicant for volunteering or a volunteer with a registered
specified organization does not have a portable criminal record check because the
applicant or volunteer has never undergone a criminal record check or the applicant or
volunteer underwent a criminal record check more than 5 years before the date of the
criminal record check verification authorization, the registered specified organization
must ensure that the applicant or volunteer does not work with children or work with
vulnerable adults as a volunteer with the registered specified organization until the
applicant or volunteer provides a criminal record check authorization.

Effect of finding of risk — working with children

24.7(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or a conviction indicates that an applicant for volunteering or a
volunteer with a registered specified organization presents a risk of physical or sexual
abuse to children and unless that determination is overturned by the registrar under
section 5, the registered specified organization must ensure that the applicant or
volunteer does not work with children as a volunteer with the registered specified
organization.

(2) If the registrar determines, in a criminal record check verification under
Part 2.1, that an applicant for volunteering or a volunteer does not have a portable
criminal record check because a criminal record check in respect of the same individual
carried out within 5 years of the date of the criminal record check verification
authorization resulted in a determination that the applicant or volunteer presents a
risk of physical or sexual abuse to children, the registered specified organization must
ensure that the applicant or volunteer does not work with children as a volunteer with
the registered specified organization.

Effect of finding of risk — working with vulnerable
adults

24.8(1) If the deputy registrar determines, in a criminal record check under Part 2, that
an outstanding charge or a conviction indicates that an applicant for volunteering or a
volunteer with a registered specified organization presents a risk of physical, sexual
or financial abuse to vulnerable adults and unless that determination is overturned by
the registrar under section 5, the registered specified organization must ensure that
the applicant or volunteer does not work with vulnerable adults as a volunteer with the
registered specified organization.

(2) If the registrar determines, in a criminal record check verification under
Part 2.1, that an applicant for volunteering or a volunteer with a registered specified
organization does not have a portable criminal record check because a criminal record
check in respect of the same individual carried out within 5 years of the date of the
criminal record check verification authorization resulted in a determination that the
applicant or volunteer presents a risk of physical, sexual or financial abuse to
vulnerable adults, the registered specified organization must ensure that the applicant
or volunteer does not work with vulnerable adults as a volunteer with the registered
specified organization.

New convictions or outstanding charges

24.9(1) If a volunteer who works with children or works with vulnerable adults is
charged with or convicted of a relevant offence or specified offence subsequent to a
criminal record check or criminal record check verification, the volunteer must promptly
report the charge or conviction to the registered specified organization and provide to
the registered specified organization a criminal record check authorization for a
further criminal record check.

(2) When a registered specified organization becomes aware that a volunteer who
works with children or works with vulnerable adults has an outstanding charge for, or
has been convicted of, a relevant offence or specified offence, the registered specified
organization must require the volunteer to provide a criminal record check authorization
for a further criminal record check.

Part 6 — General

Repealed

25–26[Repealed 2002-52-34.]

Criminal record check authorization

27The authorization for a criminal record check must

(a) be in the form provided by the registrar,

(b) be signed by the individual to whom the criminal record check will
relate,

(c) include the individual's authorization to submit his or her fingerprints if
necessary to verify the results of the criminal record check, and

(d) include any other prescribed matter.

Criminal record check verification authorization

27.01The authorization for a criminal record check verification must

(a) be in the form provided by the registrar,

(b) be signed by the individual to whom the criminal record check verification will
relate, and

(c) include any other prescribed matter.

Waiver of fees

27.1The registrar may waive the payment of the prescribed fee payable, if any, for a
criminal record check or for a criminal record check verification if the registrar
considers the waiver to be in the public interest.

Delegation

27.2(1) The registrar may delegate to a person any or all of his or her powers, duties
or functions, including, without restriction, powers, duties or functions relating to a
reconsideration under section 5.

(2) The deputy registrar may delegate to a person any or all of his or her powers,
duties or functions, including, without restriction, powers, duties or functions
relating to a determination under section 4.

(3)
Subsection
(2) does not apply to a power, duty or function delegated to the deputy
registrar by the registrar under subsection (1).

(2) A person who contravenes section 10 (1), 12 (1), 15 (1) (b), 17 (1), 17.2 (1),
17.4 (1), 17.7 (1) (b), 17.9 (1), 21 (1) (b), 23 (1) or 24.9 (1) is guilty of an offence
and liable to a fine of up to $50 for each day on which the contravention
continues.

(3) Section 5 of the Offence Act does not apply to this Act or the regulations.

Request for records or information

28.1(1) The registrar may request a person who has a duty under section 8,
13, 17.1, 17.5, 19 or 24.3 to
ensure that criminal record checks are undergone to submit records or information if the
registrar considers it necessary in determining whether the person's duty is being
performed.

(2) A person who receives a request under subsection (1) must comply with
the request.

Power to make regulations

29(1) The Lieutenant Governor in Council may make regulations referred to in
section 41 of the Interpretation Act.

(2) Without restricting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) governing the procedure for criminal record checks;

(a.1) [Repealed 2013-8-44.]

(a.2) governing the procedure for criminal record check verifications;

(a.3) for the purpose of the definition of "specified organization" in section 1,
prescribing persons and entities and classes of persons and entities;

(b) adding provisions to and removing provisions from Schedule 1;

(c) adding enactments to and removing enactments from Schedule 2;

(c.1) adding provisions to and removing provisions from Schedule
3;

(d) exempting persons or classes of persons from the application of all or any
provision of this Act or the regulations;

(e) prescribing the fee payable for a criminal record check;

(e.1) prescribing the fee payable for a criminal record check
verification;

(e.2) exempting persons or classes of persons from the payment of a fee for a
criminal record check or a criminal record check verification;

(f) prescribing acceptable methods of paying the fee for a criminal record check
or a criminal record check verification;

(g) prescribing programs for the purposes of Part 5 and designating the
administrator of a program;

(h) prescribing matters for the purposes of sections 27 and 27.01;

(i) defining a word or expression used but not defined in this Act.

(3) In making a regulation under this Act, the Lieutenant Governor in Council may do
one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different persons, circumstances, criminal
record checks, criminal record check authorizations, criminal record check
verifications and criminal record check verification authorizations and for different
classes of persons, circumstances, criminal record checks, criminal record check
authorizations, criminal record check verifications and criminal record check
verification authorizations;